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New EU GSP: proposal for postponement to 2027
The current European generalized system of preferences (GSP) should be extended to 2027 according to proposal of regulation of EU Parliament and Council. In particular, this proposal ( 4 July 2023- COM 426 2023/0252 COD ) lays down that: “…the period of application of Regulation (EU) No 978/2012 should be extended until 31 December 2027…”; “…If the publication takes place after 31 December 2023, this Regulation shall apply retroactively from 1 January 2024…”; “…in case the Regulation based on Commission Proposal COM(2021)579 becomes applicable before that date, the extension of the period of application of Regulation (EU) No 978/2012 should be correspondingly shortened…”. For sake of completness, the Commission Proposal COM(2021)579 provides…
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EU, Kenya negotiations for a free trade agreement
According to a press release of EU Parliament: On 19 June 2023, the EU and Kenya concluded negotiations on an economic partnership agreement (EPA); The text of the EPA or FTA (free trade agreement-preferential origin) includes binding provisions on trade and sustainable development; This text must be: a) gone through legal revision; b) submitted for signature and conclusion to the Council; c) signed by EU and Kenya; d) accepted by the EU Parliament; e) ratified by Kenya and the EU Member states. Futhermore, after the consent by the European Parliament, the parties may decide to provisionally apply parts of the agreement
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Customs classification, circular economy and environmental goods
The customs classification is one of the three pillars of the customs obligation. But it could play an interesting role in the enforcement of the European- and hopefully global- “green customs” Indeed, according to WCO (World Customs Organization – The fifth symposium in the WCO Symposia Series on “Visualising a greener HS to support environmentally sustainable trade”, supported by the European Union, was held on 23 January 2023) statements: sustainable goods to support a circular economy transition are increasing; the technology sector is a rapidly changing area, meaning that today’s environmentally preferable technology can quickly become obsolete and overtaken by newer and better technology; It is not possible to separately…
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Due diligence, import deforestation free goods and blockchain
The EU Regulation 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010” has the following goals: minimising the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss The due diligence statement requires companies to collect information, identify risks and mitigate them, organise and keep the information and evidence relating to each relevant product for a period of five years from the date of placing, making available or…
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ESA countries and last negotiations round
In the report of the last virtual meeting held in March 2023 by ESA countries (Zimbabwe, Comoros, Madagascar, Mauritius, Seychelles) and the EU it is stated that: About the technical barriers to trade (TBT): “…Both Parties had a constructive exchange on the outstanding issues, i.e. conformity assessment procedures, technical regulations and technical assistance…” Rules of Origin: “… The Parties continued discussions on the product specific rules (PSR) and agreed on most of the PSR for textiles and clothing and industrial products. Both sides continued discussions on outstanding provisions of Protocol 1 related to wholly obtained goods, cumulation of product origin, accounting, segregation and transitional provisions and managed to clean the…
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Ghana, ESA country and REX for EU preferential origin
According to the FTA with the EU and ESA 5 countries (Zimbabwe, Comoros, Madagascar, Mauritius, Seychelles) the goods originating from Seyshelles since 01 July 2023 have to be accompanied by a statement of origin with REX number. While, from 20 August 2023 the goods originating from Ghana-according to the FTA between this African country and the EU- will need the statement of origin with REX number. REX (registered exporter) is a system of certification of origin of goods based on a principle of self-certification.
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Corte Giustizia EU, classificazione doganale e metodo per verificare caratteristiche essenziali del bene
La classificazione doganale rappresenta un elemento fondamentale per la determinazione del debito doganale e rappresenta un processo di natura tecnica e giudica volto a indentificare un bene in una voce doganale del sistema nomenclatura combinata (NC). La Sezione X della Corte di giustizia dell’Unione europea con sentenza del 15 giugno 2023 C‑292/22 ha affermato che: “…Le note esplicative del SA (sistema armonizzato) e della NC nonostante non abbiano efficacia vincolante, esse costituiscono strumenti importanti per garantire un’applicazione uniforme della tariffa doganale comune e, come tali, forniscono elementi utili per l’interpretazione della stessa…”; “…anche quando un metodo è specificamente previsto nelle note esplicative della NC, esso non deve essere considerato come…
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Japan European Union free trade agreement and new geografical indications: food, wine and spirits
The European Commission decision n. 2023/1313 of 22 June 2023 “ approving, on behalf of the European Union, the amendments to Annex 14-B of the Agreement between the European Union and Japan for an Economic Partnership…” entitles the Joint Committee (for the free trade agreement EU-Japan) to: Modify the annex 14-B of the Economic Parthership Agreement (EPA) between the European Union and the Japan; Add under the protection of the intellectual property rights the following European geografical indications (GI): Korčulansko maslinovo ulje, Époisses, Mont d’Or, Vacherin du Haut-Doubs, raclette de Savoie, Lakonia, Cotechino Modena, Finocchiona, Limone di Siracusa, Ajo Morado de Las Pedroñeras, Arzúa-Ulloa, Melocotón de Calanda, Queso de Valdeón,…
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Free trade agreement, European Union and New Zealand
European Council as stated in the decision n. 2023/1323 of 27 June 2023 and published on 30 June 2023is authorized to sign the free trade agreement with the New Zealand. It is stated that “…The signing, on behalf of the Union, of the Free Trade Agreement between the European Union and New Zealand (‘the Agreement’) is hereby authorised, subject to the conclusion of the said Agreement…”. The compliance with the protocol of origin of the mentioned FTA is required to both claim for the preferential origin (preferential treatment) and prevent the AEO authorization from any infringiment of the required standards (article n.39 UCC). Finally, it is important to recall that…
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The next challenge of AEO: deforestation and CBAM
Environment protection is one of the key factor of the European trade policy. This requires a strong due diligence for the import of relevant commodities and the export of relevant product to prevent deforestation and forest degradation linked to cattle, cocoa, coffee, oil palm, rubber, soya and wood trade and deployment. From the other side, from October 2023 the reporting required by the Carbon border adjustment mechanism will enter into force for the import of cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. CBAM implies a good management of the following customs aspects required for the AEO: The customs classification will play an important role to well identify the…